The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, the Bible teaches it. Little children in church often repeat it. We pray that You will help all of us to practice it. Help us to use in all of our dealing with one another his remarkable little verse from the Bible, "Be ye kind one to another." Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal of the previous day was read and approved.

     The following Senators were present during the day's proceedings:

	Present--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Absent with leave--Senator Curls--1
	The Lieutenant Governor was present.

     Senator Moseley moved that SB 884 and SB 841, with SCS, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SSA 1 for SA 1 was again taken up.

     Senator Moseley moved that the above substitute amendment be adopted, which motion prevailed.

     Senator Sims offered SA 2:

     Amend Senate Committee Substitute for Senate - Bills Nos. 884 and 841, Page 26, Section 632.005, Line 45, by striking the opening bracket "[" and closing bracket "]" around the word "physical"; and further amend line 51, by striking the word "serious" and inserting in lieu thereof the word "physical".

     Senator Sims moved that the above amendment be adopted, which motion prevailed.

     Senator Banks offered SA 3:

     Amend Senate Committee Substitute for Senate - Bills Nos. 884 and 841, Page 45, Section 633.160, by inserting immediately after said section, the following:

     "208.309. 1. Sections 208.309 to 208.315 shall be known as the "Elders Volunteer for Elders Project (EVE) Act." Subject to appropriations, the department of social services, division of aging, shall review applications and award grants to at least three community provider organizations for the provisions of services which shall establish a three-year demonstration project designed to prevent the premature or unnecessary institutionalization of Missouri's low income elderly citizens in specifically defined neighborhoods located in a city not within a county, a city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county and in region 2 of the Missouri area agencies on aging.

     2. As used in sections 208.309 to 208.315, the following terms mean:

     (1) "Community Provider Organizations", any:

     (a) Charitable organization as defined in section 407.453, RSMo;

     (b) Not for profit corporation established pursuant to chapter 355, RSMo; or

     (c) An organization that has obtained an exemption from the payment of federal income taxes as provided in section 501(c)(3), 501(c)(7) or 501(c)(8) of Title 26, United States Code, as amended.

     (2) "Division", division of aging of the department of social services;

     (3) "Elderly Low Income Person", a Missouri citizen who is sixty years of age or older and whose income is at or below one hundred and fifty percent of the federal poverty level;

     (4) "Project", a demonstration project directed at Missouri's low income elderly who are at risk of involuntary and unnecessary institutionalization;

     (5) "Recipient", any elderly low income person who is in need of assistance with at least one of the activities of daily life or assistance with instrumental activities of daily living. The highest priority will be given to those at risk of incapacity adjudication.

     208.311. The purpose of the EVE projects shall be:

     (1) To help low income elderly, adjudicated or not, who live within a project's geographical location to obtain access to services to retain their independence and postpone consignment to nursing homes and to improve their quality of life;

     (2) To advocate for low income elderly during an incapacity adjudication hearing;

     (3) To help those low income elderly who become institutionalized and who can be restored sufficiently to return home, to do so; and

     (4) To train and support mostly senior volunteers and to add volunteer work opportunities for healthy senior citizens.

     208.313. 1. The division shall review applications and make grant awards to three community provider organizations who meet the criteria and requirements set forth in subsection 2 of this section. One of the community provider organizations shall be located in a city not within a county and the second shall be located in a city with a population of more than three hundred fifty thousand inhabitants which is located in more than one county and the third shall be located in region 2 of the Missouri area agencies on aging.

     2. In order to be considered for selection as a demonstration project site a community provider organization shall file an application with the division and present the following information:

     (1) A proposed program, including the approximate number of elderly citizens that the project is designed to reach in a specifically defined neighborhood;

     (2) A proposed budget;

     (3) A proposed program to recruit, train and retain volunteers as case managers and advocates for the low-income elderly of the defined neighborhood;

     (4) A proposed client eligibility and screening process; and

     (5) A proposed format to file an annual external audit and annual comprehensive evaluation of the services provided to the low income elderly to the division of aging for consideration of potential statewide implementation.

     208.315. The division of aging may continue or expand such programs within appropriations."; and

     Further amend the title and enacting clause accordingly.

     Senator Banks moved that the above amendment be adopted, which motion prevailed.

     Senator Melton offered SA 4, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 33, Section 632.335, Line 32, by striking "To request a" and substituting in lieu "A"; and inserting on said line after the word "jury" the following: "if requested by the patient or his attorney".

     Senator Melton moved that the above amendment be adopted, which motion prevailed.

     Senator Melton offered SA 5:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 9, Section 630.125, Line 16, by adding after said line the following:

     "4. The facility shall provide prompt notification of the next-of-kin of the person being admitted within 8 hours of the time admission.".

     Senator Melton moved that the above amendment be adopted, which motion prevailed.

     Senator Melton offered SA 6, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 41, Section 632.393, Lines 1-5, by removing all of said section from the bill; and

     Further by amending the title and enacting clause accordingly.

     Senator Melton moved that the above amendment be adopted, which motion prevailed.

     Senator Quick assumed the Chair.

     Senator Johnson assumed the Chair.

     Senator Moseley offered SA 7:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 37, Section 632.355, Line 33 of said section, by inserting immediately after said line the following:

     "632.360. At the end of any detention period ordered by the court under this chapter, the respondent shall be discharged unless a petition for further detention is filed and heard in the same manner as provided herein. Successive one-year detention periods, or successive one hundred and eighty day outpatient detention periods, are permissible on the same grounds and pursuant to the same procedures as the initial [one-year] detention period. No order of civil detention under this chapter may exceed one year for an inpatient detention period or one hundred and eighty days for an outpatient detention period."; and

     Further amend said bill, Page 42, Section 632.440, Lines 2 and 3 of said section, by inserting immediately before the word "program" on said lines the following: "mental health"; and

     Further amend said bill, Pages 42-43, Section 632.440, Lines 6 and 7 of said section, by deleting the bold language on said lines and inserting in lieu thereof the word "no"; and

     Further amend said bill, Page 43, Section 632.440, Line 11 of said section, by inserting before the comma "," on said line the following:

"or acting pursuant to the request of a guardian who is acting pursuant to Chapter 475, RSMo, or upon the request of the head of any supervisory mental health program who is acting pursuant to section 632.337"; and

     Further amend the title and enacting clause accordingly.

     Senator Moseley moved that the above amendment be adopted, which motion prevailed.

     At the request of Senator Moseley, SB 884 and SB 841, with SCS, as amended (pending), were placed on the Informal Calendar.

     President Pro Tem Mathewson referred SS for SCS for SB 869 to the Committee on State Budget Control.

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCS for SB 538, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

     An Act to repeal sections 188.025 and 188.080, RSMo 1994, and to enact in lieu thereof twelve new sections for the purpose of requiring that abortions be performed or induced safely and establishing alternative to abortion services, with penalty provisions and an effective date.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     On motion of Senator Banks, the Senate recessed until 2:30 p.m.

     The time of recess having expired, the Senate was called to order by Senator Wiggins.

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On behalf of Senator Wiggins, Chairman of the Committee on State Budget Control, Senator Melton submitted the following report:

     Mr. President: Your Committee on State Budget Control, who which were referred SS for SCS for SB 507 and SB 757, begs leave to report that it has considered the same and recommends that the bills do pass.

     Senator Moseley moved that SB 884 and SB 481, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SBs 884 and 841, as amended, was again taken up.

     Senator Quick resumed the Chair.

     Senator Schneider offered SA 8, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 25, Section 632.005, Lines 30 and 36, by striking the brackets around "physical" appearing in lines 30 and 36.

     Senator Schneider moved that the above amendment be adopted and requested a roll vote be taken. He was joined in his request by Senators Kenney, Kinder, Russell and Wiggins.

     SA 8 was adopted by the following vote:

	Yeas--Senators
Caskey	Clay	DePasco	Ehlmann
Flotron	Goode	House	Kenney
Kinder	Klarich	McKenna	Melton
Rohrbach	Russell	Schneider	Singleton
Staples	Wiggins--18
	Nays--Senators
Banks	Bentley	Howard	Johnson
Lybyer	Maxwell	Moseley	Mueller
Quick	Sims	Treppler	Westfall--12
	Absent--Senators
Graves	Mathewson--2
	Absent with leave--Senators
Curls	Scott--2

     Senator Klarich offered SA 9:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 28, following line 27, by adding one new section:

     "Section 632.301. When a mental health coordinator receives information pursuant to Section 632.300, the person considered for involuntary commitment shall be evaluated according to the likelihood of serious physical harm to himself or others. Where such person has been previously clinically diagnosed with a serious mental illness, such involuntary commitment may occur if there is reasonable cause to believe that such person is mentally disordered and, as a result, presents likelihood of harm to himself or others."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted, which motion prevailed.

     Senator Ehlmann offered SA 10:

     Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, page 21, Section 631.135, Line 42, by deleting the words: "or does not speak English."; and further amend said line, by adding the following: ";

     (12) He has the right to have an interpreter, at his own expense, assist him to communicate at the facility or during the hearing, or both, if he does not speak English.".

     Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.

     Senator Moseley offered SA 11, which was read:

Amend Senate Committee Substitute for Senate Bills Nos. 884 and 841, Page 25, Section 632.005, Line 29, by inserting immediately after the word "following" the words: "but does not require actual physical injury to have occurred".

     Senator Moseley moved that the above amendment be adopted, which motion prevailed.

     Senator Moseley moved that SCS for SBs 884 and 841, as amended, be adopted, which motion prevailed.

     On motion of Senator Moseley, SCS for SBs 884 and 841, as amended, was declared perfected and ordered printed.

     Senator House moved that SB 723 and SB 891, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs Nos. 723 and 891, entitled:

     An Act to repeal section 67.475, RSMo 1994, sections 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, relating to political subdivisions, and to enact in lieu thereof nine new sections relating to the same subject.

     Was taken up.

     Senator House moved that SCS for SBs 723 and 891 be adopted.

     Senator House offered SS for SCS for SBs 723 and 891, entitled:

     An Act to repeal section 67.475, RSMo 1994, sections 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, relating to political subdivisions, and to enact in lieu thereof nine new sections relating to the same subject.

     Senator House moved that SS for SCS for SBs 723 and 891 be adopted.

     Senator Goode offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 10, Section 67.475, Line 23, by inserting immediately after said line, the following:

     "77.140. The council may establish, alter and change the channel of watercourses, and wall them and cover them over, and prevent obstructions thereon, and may establish, make and regulate public wells, cisterns and reservoirs of water, and provide for filling the same. The council may purchase grounds and erect and establish market houses and marketplaces, and regulate and govern the same; and also contract with any person or persons, association or corporation for the erection, maintenance and regulation of market houses and marketplaces, on such terms and conditions and in such manner as the council may prescribe. The council may also provide for the erection, purchase or renting of a city hall, workhouses, houses of correction, prisons, engine houses and any and all other necessary buildings for the city; and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city, or within three miles thereof. The city shall be authorized to issue and negotiate interest bearing revenue bonds on any of the foregoing facilities."; and

     Further amend the title and enacting clause accordingly.

     Senator Goode moved that the above amendment be adopted, which motion prevailed.

     Senator Ehlmann offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 2, Section 67.455, Line 22, by adding the following at the end of said line: "As used in this chapter, improvements may include new improvements, maintenance to existing improvements or replacement of improvements partially or totally distroyed.".

     Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.

     Senator Goode offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 10, Section 67.475, Line 23, by inserting immediately after said line the following:

     "99.430. 1. Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:

     (1) An authority shall not acquire real property for a land clearance or urban renewal project unless the governing body of the community in which the land clearance project area or urban renewal project area is located has approved the redevelopment or urban renewal plan, as prescribed in subdivision (9) of this section.

     (2) An authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the governing body of the community in which the area is located has declared, by resolution or ordinance, the area to be a blighted, or insanitary area in need of redevelopment or in need of rehabilitation.

     (3) An authority shall not recommend a redevelopment or urban renewal plan to the governing body of the community in which the land clearance or urban renewal project area is located until a general plan for the development of the community has been prepared.

     (4) The authority itself may prepare or cause to be prepared a redevelopment or urban renewal plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment or urban renewal plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the land clearance or urban renewal project area, and shall include without being limited to:

     (a) The boundaries of the land clearance or urban renewal project area, with a map showing the existing uses and condition of the real property therein;

     (b) A land use plan showing proposed uses of the area;

     (c) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;

     (d) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;

     (e) A statement as to the kind and number of additional public facilities or utilities which will be required in the area after redevelopment or urban renewal; and

     (f) A schedule indicating the estimated length of time needed for completion of each phase of the plan.

     (5) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the land clearance or urban renewal project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the proposed redevelopment or urban renewal plan to the authority within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, an authority may recommend the redevelopment or urban renewal plan to the governing body of the community for approval.

     (6) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the land clearance or urban renewal project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, or insanitary areas, or conditions of blight or deterioration, and the provision of adequate, safe and sanitary dwelling accommodations.

     (7) The recommendation of a redevelopment or urban renewal plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment or urban renewal plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment or urban renewal of the land clearance or urban renewal project area and the estimated proceeds or revenues from its disposal to redevelopers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the land clearance or urban renewal project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.

     (8) The governing body of the community shall hold a public hearing on any redevelopment or urban renewal plan or substantial modification thereof recommended by the authority, after public notice thereof by publication in a newspaper of general circulation in the community once each week for [two] three consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The governing body shall also post a notice at the main entrance to any commercial building, at the entrance to any residential street, and in other public areas within the area covered by the plan. The notices shall be posted at least 15 days prior to the hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed redevelopment or urban renewal plan.

     (9) Following the hearing, the governing body may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A redevelopment or urban renewal plan which has not been approved by the governing body when recommended by the authority may be recommended again to it with any modifications deemed advisable.

     (10) A redevelopment or urban renewal plan may be modified at any time by the authority, provided that, if modified after the lease or sale of real property in the land clearance or urban renewal project area, the modification must be consented to by the redeveloper of the real property or his successor, or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment or urban renewal plan as previously approved by the governing body, the modification must similarly be approved by the governing body.

     2. As an alternative to the procedures prescribed in subdivisions (2) and (5) of subsection 1, an authority may find an area to be a blighted, insanitary or undeveloped area in need of redevelopment or rehabilitation, and simul-taneously prepare a plan, or adopt a plan presented to the authority, and the authority may simultaneously recommend its finding of a blighted, insanitary or undeveloped area and the approval of a plan to the governing body of the community, and the governing body may make its finding that the area is blighted, insanitary or undeveloped and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the governing body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local governing body within thirty days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, the governing body may simultaneously approve the finding of a blighted or insanitary or undeveloped area and approve the plan in the manner prescribed in subdivisions (8) and (9) of subsection 1."; and

     Further amend the title and enacting clause accordingly.

     Senator Goode moved that the above amendment be adopted, which motion prevailed.

     Senator Johnson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Melton offered SA 4, which was read:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 2, Section 67.400, Line 1, on Page 2, by adding: "Farm buildings and structures shall be defined as any building or structures located on a tract of land in an unincorporated area consisting of three acres or more.".

     Senator Melton moved that the above amendment be adopted, which motion prevailed.

     Senator House moved that SS for SCS for SBs 723 and 891, as amended, was declared perfected and ordered printed.

     On motion of Senator House, SS for SCS for SBs 723 and 891, as amended, was declared perfected and ordered printed.

     Senator Clay moved that SB 903, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Clay moved that the above amendment be adopted.

     Senator Flotron offered SSA 1 for SCA 1:

     Amend Senate Bill No. 903, Page 2, Section 431.180, Line 20 by inserting immediately after "agreement" the following: "or to agreements providing for indemnities between owners and contractors if the indemnity obligation is supported by a further provision in the contract requiring the party obligated to provide the indemnity to secure a policy or policies of insurance to underwrite the liability required to be assumed, or the contract provides a specific payment in consideration for the required indemnity".

     Senator Flotron moved that the above substitute amendment be adopted, which motion prevailed.

     Senator Caskey offered SA 1:

     Amend Senate Bill No. 903, Page 1, In the Title, Lines 2-4 by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 429.015, RSMo 1994, relating to certain real estate contracts, and to enact in lieu thereof two new sections relating to the same subject."; and

     Further amend said bill, page 1, section A, lines 1-2, by deleting all of said lines and inserting in lieu thereof the following:

     "Section A. Section 429.016, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 429.015 and 431.180, to read as follows:

     429.015. 1. Every registered architect or corporation registered to practice architecture, every registered professional engineer or corporation registered to practice professional engineering, every registered landscape architect or corporation registered to practice landscape architecture, and every registered land surveyor or corporation registered to practice land surveying, who does any landscape architectural, architectural, engineering or land surveying work upon or performs any landscape architectural, architectural, engineering or land surveying service directly connected with the erection or repair of any building or other improvement upon land under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, RSMo, upon complying with the provisions of this chapter, shall have for [his] such person's landscape architectural, architectural, engineering or land surveying work or service so done or performed, a lien upon the building or other improvements and upon the land belonging to the owner or proprietor on which the building or improvements are situated, to the extent of one acre. If the building or other improvement is upon any lot of land in any town, city or village, then the lien shall be upon such building or other improvements, and the lot or land upon which the building or other improvements are situated, to secure the payment for the landscape architectural, architectural, engineering or land surveying work or service so done or performed. For purposes of this section, a corporation engaged in the practice of architecture, engineering, landscape architecture, or land surveying, shall be deemed to be registered if the corporation itself is registered under the laws of this state to practice architecture, engineering or land surveying[, or if any officer thereof, who owns more than fifty percent of the capital common stock of such corporation, is registered under the laws of this state as an architect, engineer, landscape architect, or land surveyor, and such registration of the corporation shall be effective as of the original date of registration of such principal stockholder].

     2. Every mechanic or other person who shall do or perform any work or labor upon or furnish any material or machinery for the digging of a well to obtain water under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, upon complying with the provisions of sections 429.010 to 429.340 shall have for [his] such person's work or labor done, or materials or machinery furnished, a lien upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre, to secure the payment of such work or labor done, or materials or machinery furnished as aforesaid.

     3. Every mechanic or other person who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery, for the purpose of demolishing or razing a building or structure under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, RSMo, upon complying with the provisions of sections 429.010 to 429.340, shall have for [his] such person's work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre. If the building or buildings to be demolished or razed are upon any lot of land in any town, city or village, then the lien shall be upon the lot or lots or land upon which the building or other improvements are situated, to secure the payment for the labor and materials performed.

     4. The provisions of sections 429.030 to 429.060 and sections 429.080 to 429.430 applicable to liens of mechanics and other persons shall apply to and govern the procedure with respect to the liens provided for in subsections 1, 2 and 3 of this section.

     5. Any design professional or corporation authorized to have lien rights under subsection 1 of this section shall have a lien upon the building or other improvement and upon the land, whether or not actual construction of the planned work or improvement has commenced if:

     (1) The owner or proprietor thereof, or such owner's or proprietor's agent or trustee contracted for such professional services directly with the design professional or corporation asserting the lien;

     (2) The owner or proprietor is the owner or proprietor of such real property either at the time the contract is made or at the time the lien is filed; and

     (3) The design professional or corporation files with the recorder of deeds in the county where the property is located a notice of intent to lien listing the name and address of the claimant, the name and address of the person with whom the claimant contracted, the amount owed, the address or legal description, if known, of the property, and the last date of services performed by the claimant or the claimant's subconsultants. Such notice shall be filed within three months from the date of the claimant's last work on the property. The recorder of deeds may charge a fee of one dollar for each notice filed and recorded pursuant to this subdivision. The notice described in this subdivision shall not be required if actual construction of improvements begins within three months from the date the claimant completed the claimant's work on the property.

     6. If such property is purchased by a bona fide purchaser before a notice of intent to lien is recorded, the purchaser may take the property free of any such lien.

     7. Priority between such lien claimant and any other mechanic's lien claimant shall be determined pursuant to the provisions of section 429.260 on a pro rata basis.".

     Senator Caskey moved that the above amendment be adopted.

     Senator Flotron raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Wiggins offered SA 2:

     Amend Senate Bill No. 903, Page 1, In the Title, Lines 2-3, by deleting the words "construction indemnity agreements" and inserting in lieu thereof the following: "liability claims"; and

     Further amend said bill, page 2, section 431.180, line 22, by inserting immediately after said line, the following:

     "516.097. 1. Any action to recover damages for economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property, including any action for contribution or indemnity for damages sustained on account of the defect or unsafe condition, shall be commenced within ten years of the date on which [any] such improvement is substantially completed.

     2. This section shall only apply to actions against any person whose sole connection with the improvement is performing or furnishing, in whole or in part, the design, planning or construction, including architectural, engineering or construction services, of the improvement.

     3. If any action is commenced against any person specified by subsection 2 [, any] of this section, such person may, within one year of the date of the filing of such [an] action, notwithstanding the provisions of subsection 1 of this section, commence an action or a third party action for contribution or indemnity for damages sustained or claimed in any action because of economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property.

     4. This section shall not apply [if]:

     (1) If an action is barred by another provision of law;

     (2) If a person conceals any defect or deficiency in the design, planning or construction, including architectural, engineering or construction services, in an improvement for real property, if the defect or deficiency so concealed directly results in the defective or unsafe condition for which the action is brought;

     (3) [The] To limit any action [is] brought against any owner or possessor of real estate or improvements [thereon] on such real estate.

     5. The statute of limitation for buildings completed on August 13, 1976, shall begin to run on August 13, 1976, and shall be for the time specified [herein] in this section.

     6. For the purposes of this section, the term "substantially completed" means when construction has progressed to the point that the building, facility or structure can be put to the use for which it was intended, even though comparatively minor items remain to be furnished or performed in order to conform to the plans and specifications for the completed building, facility or structure."; and

     Further amend the title and enacting clause accordingly.

     Senator Wiggins moved that the above amendment be adopted, which motion prevailed.

     Senator Caskey raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope and purpose of the bill.

     The point of order was referred to the President Pro Tem. who ruled it well taken.

     Senator McKenna offered SA 3:

     Amend Senate Bill No. 903, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

     "To repeal section 431.180, RSMo Supp. 1995, relating to certain construction agreements, and to enact two new sections relating to the same"; and

     Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and

inserting in lieu thereof the following:

     "Section A. Section 431.180, RSMo Supp. 1995, is repealed and two new sections enacted in lieu thereof, to be known as sections 431.175 and 431.180. to read as follows:"; and

     Further amend said bill, Page 1, Section 431.180, Line 1, by deleting the section number "431.180." and inserting in lieu thereof "431.175."; and

     Further amend said bill, Page 2, Section 431.180, Line 22, by inserting after all of said line the following:

     "431.180. 1. All persons who enter into a contract for private construction work after August 28, 1995, shall make all scheduled payments pursuant to the terms of the contract. For purposes of this section, the term "persons" shall include the owner, a contractor, subcontractor, material supplier, con- struction manager, architect, professional engineer or land surveyor.

     2. Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against a person who has failed to pay. The court may in addition to any other award for damages, award interest at the rate of up to one and one- half percent per month from the date payment was due pursuant to the terms of the contract, and reasonable attorney fees, to the prevailing party. If the parties elect to resolve the dispute by arbitration pursuant to section 435.350, RSMo, the arbitrator may award any remedy that a court is authorized to award hereunder.

     3. The provisions of this section shall not apply to contracts for private construction work for the building, improvement, repair or remodeling of owner-occupied residential property of four units or less.".

     Senator McKenna moved that the above amendment be adopted, which motion prevailed.

     Senator House offered SA 4:

     Amend Senate Bill No. 903, Page 2, Section 431.180, Line 22 by inserting immediately after said line, the following:

     "511.350. 1. Judgments and decrees rendered by the supreme court, by any United States district or circuit court held within this state, by any district of the court of appeals, by any circuit court and any probate division of the circuit court, except judgments and decrees rendered by associate, small claims and municipal divisions of the circuit courts, shall be liens on the real estate of the person against whom they are rendered, situate in the county for which or in which the court is held.

     2. Judgments and decrees rendered by the associate divisions of the circuit courts shall not be liens on the real estate of the person against whom they are rendered until such judgments or decrees are filed with the clerk of the circuit court pursuant to sections 517.770 and 517.780, RSMo.

     3. Judgments and decrees rendered by the small claims and municipal divisions of the circuit court shall not constitute liens against the real estate of the person against whom they are rendered.

     4. A judgment or decree rendered by an entity or organization other than the courts referred to in this section shall not constitute liens against the real estate of the person against whom the judgment or decree is rendered, shall not have any legal force or effect, and shall not be filed or recorded by any recorder of deeds or clerk of the circuit court."; and

     Further amend the title and enacting clause accordingly.

     Senator House moved that the above amendment be adopted.

     Senator Clay raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem.

     At the request of Senator House, SA 4 was withdrawn, rendering the point of order moot.

     On motion of Senator Clay, SB 903, as amended, was declared perfected and ordered printed.

     Senator Schneider moved that SB 479 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     Senator Schneider offered SS for SB 479, entitled:

     An Act to repeal sections 537.600 and 537.610, RSMo 1994, relating to sovereign immunity, and to enact two new sections relating to the same subject.

     Senator Schneider moved that SS for SB 479 be adopted.

     President Wilson assumed the Chair.

     Senator Johnson resumed the Chair.

     Senator Rohrbach offered SA 1, which was read:

     Amend Senate Substitute for Senate Bill No. 479, Pages 3 and 4, Section 537.600, Subsection 6, by deleting all of said subsection.

     Senator Rohrbach moved that the above amendment be adopted.

     At the request of Senator Schneider, SB 479, with SS and SA 1 (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson referred HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202, with SCS; and HB 1260 to the Committee on State Budget Control.

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HCR 10.

     WHEREAS, the State of Missouri is now a member of the southern region of the Council of State Governments; and

     WHEREAS, Missouri is active in the Southern Governors' Association; and

     WHEREAS, the Southern Growth Policies Board was formed in 1971 to create strategies for economic development that address the diverse, interrelated factors affecting the economic bade of the South and its neighboring states; and

     WHEREAS, thirteen states and the Commonwealth of Puerto Rico are members of the Southern Growth Policies Board; and

     WHEREAS, Missouri is one of only three remaining states eligible for membership on the board that have not become members of the board; and

     WHEREAS, the state's membership in the Southern Growth Policies Board will afford participation from the executive and legislative branches of government and from the private sector; and

     WHEREAS, the Southern Growth Policies Board informs governmental leaders of emerging issues and trends in such areas as workforce development, technology, international trade, capital formation, and enterprise development; and

     WHEREAS, the board is presently developing initiatives to promote regional cooperation and increase communication among the various economic development agencies and organizations of its member states; and

     WHEREAS, the Southern Growth Policies Board is working with other entities to build a database of regional economic development information; and

     WHEREAS, since 1986, the board's Southern Technology Council has striven to strengthen the region's economy through the development and commercialization of technology:

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-eighth General Assembly, the Senate concurring therein, hereby formally approve the State of Missouri's membership on the Southern Growth Policies Board, and further accept all the obligations, responsibilities and privileges associated with said membership; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Southern Growth Policies Board

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HCR 11.

     WHEREAS, the legalization and regulation of gambling within the several states has long been recognized as a matter within the exclusive province and expertise of the state under the police powers of the individual sovereign state in establishing public policy and specific restrictions and limitations on gaming activities; and

     WHEREAS, the Indian Gaming Regulatory Act of 1988 and other federal statutes explicitly provide that the laws, and therefore, the public policy of the several states respecting gambling must be recognized in the federal authorization of and the tribal operation of Class III gaming establishment in Indian country; and

     WHEREAS, the Missouri Constitution generally prohibits conducting lotteries and gift enterprises, including casino-styled games of chance, in the State of Missouri; and

     WHEREAS, the two narrow exceptions to this general prohibition, to allow creation of the Missouri Lottery and to allow casino-styled games of chance only on riverboats operating on the Missouri River or the Mississippi River, were passed by a vote of the people only after several failed attempts and only upon representations that these gaming operations would be strictly regulated, that revenue from these gaming operations would be earmarked to fund education, and that casino-styled games of chance would be prohibited in any city or county unless first approved by a separate vote of the people in that city or county; and

     WHEREAS, in response to the wishes of the people and concern that gaming operations may be susceptible to corruption and illegal activity and therefore must be closely regulated, the Missouri Legislature and the Missouri Gaming Commission (the "Commission") enacted the strictest statutes and rule in the United States regulating gaming operations; and

     WHEREAS, these statutes and rules provide that casino-styled games of chance are allowed only after licensure by the Commission, a process that includes investigating the applicant prior to licensure in order to review the application which must contain a full financial disclosure by each applicant, to determine the identity of all individuals with a financial interest in the proposed gaming operation, and to conduct a criminal background check on all individuals with a financial interest in the proposed gaming operation along with all employees of the proposed gaming operation; and

     WHEREAS, once a gaming operation is licensed, it is under the supervision of and subject to investigation by the Commission regarding any alleged violations of games statutes and rules; and

     WHEREAS, a member of the Missouri Highway Patrol is present on each gaming boat in Missouri whenever gaming activities are being conducted in order to assure that operations are conducted in accordance with the law, which provides that the sale and service of liquor on gaming boats be strictly regulated, that the purchase and ownership of gaming equipment be regulated and monitored, and that the licensee may be penalized for any environmental damage it causes during its gaming operations; and

     WHEREAS, the people of the State of Missouri have demonstrated their continued moral objection to casino-styled games of chance by voting to create only a narrow exception to the Constitutional prohibition on casino-styled games of chance on riverboats based on the belief that these gambling operations would fund education, would be strictly regulated and would not be forced on any city or county without local approval by election; and

     WHEREAS, casino-styled games of chance operated by an Indian Tribe on land located in the State of Missouri that is taken into trust by the federal government would constitute land-based gaming operations; and

     WHEREAS, casino-styled games of chance operated by an Indian Tribe on land located in Missouri that is taken into trust by the federal government would not be subject to Missouri statues and rules regulating gaming; and

     WHEREAS, no revenue from casino-styled games of chance operated by an Indian Tribe on land located in the State of Missouri and taken into trust by the federal government would go to the state to further state programs such as education; and

     WHEREAS, casino-styled games of chance could be operated on land located in the State of Missouri that is taken into trust by the federal government without a local option election to verify that the gaming operation is favored by a majority of the voters in the city or county where the land is located; and

     WHEREAS, the federal prohibition against taxing motor fuel sold on tribal land, the removal of large tracts of land from the local tax base and other exceptions from taxation that apply to tribal land could make the taking of land into trust for gaming purposes detrimental to the economic interests of other distributors of motor fuel, state and local government, and local businesses in Missouri

     NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives of the Second Regular Session of the Eighty-eighth General Assembly, the Senate concurring therein, hereby indicates its opposition to the taking of Missouri land into trust for gaming purposes and the operation of land-based gaming by Indian Tribes in the State of Missouri on any land that may be taken into trust by the federal government where such operations are not subject to the strictest regulation, do not provide a direct financial benefit to the state, and do not recognize the right of local residents to vote regarding the appropriateness of such a gaming operation as expressed by the people of Missouri: and

     BE IT FURTHER RESOLVED that the Missouri General Assembly further urges the Missouri Attorney General to use any legal remedies which are available to him and which he believes are proper and prudent in opposing the taking of Missouri land into trust for gaming purposes and the operation of land-based casino-styled games of chance on any land that may be taken into trust by the federal government under the Indian Gaming Regulatory Act of 1988 and other federal statues that are contrary to the provisions of this resolution

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refused to adopt the conference committee report on HCS for SS for SB 687, as amended, and requests further conference on HCS for SS for SB 687, as amended.

     Senator Goode moved that the Senate grant the House further conference on HCS for SS for SB 687, as amended, which motion prevailed.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 687, as amended: Senators Goode, Lybyer, Schneider, Sims and Klarich.

     Senator Treppler offered Senate Resolution No. 1186, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Adrian J. Erlinger, St. Louis County, which was adopted.

     Senator Klarich submitted the following:

April 16, 1996

Senator James Mathewson

President Pro Tem

Capitol, Room 326

Jefferson City, MO 65101

Dear Senator Mathewson:

In accordance with Rule 45 I object to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos 1069, 794, 807, 936, 1128, 1153 & 1202 being placed upon the Senate Consent Calendar and I hereby request that it be returned to the Senate Committee on Public Health and Welfare for additional consideration in accordance with the rules of the Senate

Respectfully requested,

/s/ David Klarich

David Klarich

State Senator

     Also,

Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

Dear Terry:

I respectfully request that Senate Committee Substitute for House Committee Substitute for House Bills 904, 788 & 966 be removed from the Consent Calendar I believe this bill is of a controversial nature

Thank you for your attention to this matter.

          Sincerely,

          /s/ Larry Rohrbach

          Larry Rohrbach

     Also,

Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

I respectfully request that House Bill 1055 be removed from the Consent Calendar I believe this bill is of a controversial nature

Thank you for your attention to this matter.

          Sincerely,

          /s/ Larry Rohrbach

          Larry Rohrbach

     Senator Westfall introduced to the Senate, Brenda and Abi Kissinger, Nicole and Ryan Cash, and Catrina Caldwell, home schoolers from Republic; and Abi, Nicole, Catrina and Ryan were made honorary pages.

     Senator Singleton introduced to the Senate, Jim, Gail and Theresa Creel, and Michael, Joyce, Stephanie and Christopher Allen, home schoolers from Joplin; and Theresa, Stephanie and Christopher were made honorary pages.

     Senator DePasco introduced to the Senate, Thresa, Benjamin, Jessica and Jacob Ray, home schoolers from Independence; and Benjamin, Jessica and Jacob were made honorary pages.

     Senator Melton introduced to the Senate, his niece, Concha Matteson, and her son Christopher, Republic; and Christopher was made an honorary page.

     On behalf of Senator Flotron and himself, Senator House introduced to the Senate, forty- eight eighth grade students from St. Monica Catholic School, Creve Coeur; and Gary Fleming and Shannon Strothman were made honorary pages.

     Senator Treppler introduced to the Senate, Mr. and Mrs. Paul Steinbart, and their daughter, Elizabeth, home schoolers from St. Louis; and Elizabeth was made an honorary page.

     Senator Schneider introduced to the Senate, fifty fifth grade students from Gibson Elementary School, St. Louis; and Missy Tackaberry, Michael Colbert-Brown, Mike Kobel and Sarah Campbell were made honorary pages.

     Senator Graves introduced to the Senate, Lane Seymore and family, Fairfax.

     Senator McKenna introduced to the Senate, Mike Price and twenty-one eighth grade students from St. Joseph's Catholic School, Kimmswick; and Amanda Grossius, John Lamping, Sergio Lorenzo, Carrie McClain, Beth Price, Christy Noll and Lindsey Moss were made honorary pages.

     On behalf of Senator Quick, the President introduced to the Senate, Karl and Erika Miller, and their son, Kilian, St. Gaallen, Switzerland.

     Senator Kenney introduced to the Senate, students from Tri-City Christian School, Blue Springs; and Holly Whitehead, Stanley Thresher, Sierra Powell and Chris Williams were made honorary pages.

     Senator Kenney introduced to the Senate, Ray McCormick, Puxico; Frank Butcher, Huntsville; John Marschalk, Lake St. Louis; Bob Hagaman, St. Louis; Stella Sollars, South Kansas City; Barbara Cheney, Kansas City; and Bob Baumer, Jennings.

     Senator Ehlmann introduced to the Senate, Mike Hazelbaker, Arlene Hogue, Roland Wetzel and Penny and Jim Bennett, St. Charles.

     Senator Treppler introduced to the Senate, members of the Pachyderm Organization, Bill Phelps, John Winston and Bob and Anita Yeckel.

     Senator Kinder introduced to the Senate, Senator Mike Gunn, Jackson, Mississippi; and Ross Bell, Washington, D.C.

     Senator Kenney introduced to the Senate, Lori Schwope, Stacy Casler, Suzy Brooks and Cortney Fanning, Blue Springs; and Suzy and Cortney were made honorary pages.

     Senator Melton introduced to the Senate, Linda Hobbs and fifty seventh grade students from Richards R-V School, West Plains.

     Senator Bentley introduced to the Senate, Marilee, Kenneth and Will Goble, Springfield.

     Senator Rohrbach introduced to the Senate, forty-four members of St. Bernadette Catholic Church, Hermitage.

     Senator Moseley introduced to the Senate, Dr. John Despain, Columbia.

     Senator Moseley introduced to the Senate, thirty-four fourth grade students from Howard County R-II School, Glasgow; and Larry Fagen, Eric Fehling, Rachel Brown and Emily Kallmeyer were made honorary pages.

     Senator Schneider introduced to the Senate, fifth grade students from St. Jerome Elementary School, St. Louis; and Nick Pierce, Shelly Long

and Lauren Robson were made honorary pages.

     Senator Russell introduced to the Senate, Kathy, Jesse, Frank and Seth Atwell, home schoolers from Lebanon; and Jesse, Frank and Seth were made honorary pages.

     On behalf of Senator House and himself, Senator Flotron introduced to the Senate, Fran Norton, and her daughter, Teri, Wentzville; and Teri was made an honorary page.

     Senator Maxwell introduced to the Senate, Alice Gardner, and her daughter, Elizabeth, home schoolers from Shelbina; and Elizabeth was made an honorary page.

     On motion of Senator Banks, the Senate adjourned under the rules.